Grace Period After New H1B Denial with F1 STEM OPT


I’m in a tricky situation here:

My H1B application selected by the lottery in May. My F1 STEM OPT got extended to Sep 30th through Cap-gap. I got a RFE request and responded on Aug 30th. However, I didn’t receive the denial notice until December 13th. My question is, am I currently out of status or still have 60 days grace period from December 13th to transfer to another school?

Based on USCIS website, I should have 60 days grace period(see below). But my school told me that my F1 status was terminated on 11/6 which is a super random date before the decision date. Please help!

See section Eligibility of Extension:

Once the petitioner timely files a request to change status to H-1B on October 1, the automatic cap-gap extension will begin. If the student’s H-1B petition is selected and approved, the student’s extension of status will continue through September 30. The extension of status will automatically terminate if the student’s H-1B petition is denied, withdrawn, revoked, rejected, or is not selected, or if the change of status request is denied or withdrawn even if the H-1B petition is approved for consular processing. The student will have the standard 60-day grace period from the date the extension of status terminated or their program end date, whichever is later, to depart the United States.

You have 60 days grace period to leave the country but not transfer to another school (updated based in @Stevolg research).

Thanks. Just heard back from SEVIS service that I can’t use the grace period to transfer to another school because F1 status has already been completed. But I can use it to go back to my home country. I guess I’ll go back for a while.

Ok… thanks for sharing the information. I appreciate it.